Wessington Springs herald. (Wessington Springs, Aurora County, Dakota [S.D.]) 1883-1891, 1887-02-11

0oAAuNA CtSIIl0F 20 cease ana 0e0i4e from such l
violation, or to make reparation for the injury |
80 found to have been done, or both, within q !,
reasonable time. to be specified by the Com.
shall be made to appear to the Commission that |
such common carrier has ceased from such VIC |
iation OF law, and has made PREPARATION for the
with the report and notice OF the Commission |
or to the satisfaction Of the party complaining,
. statement to that effect shall be entered Of
record by the Commission and the said COM
mon carrier shall thereupon be reviewed from
further liability or penalty for such particular
violation of law.
as defined in as.d subject to the provisions Of
this act, shan refuse or neglect to |
obey any. lawful order requirement Of the !
duty OF the Commission, and lawful for any
company or person Interested in such order or
Tson To tho ss aRp pey in e 81 s5a uyyt
district in which the common carrier s com.
the violation or disobedience of such order or
requirement shall happen, alleging such vio-
lation or disobedience as the case may be;
determine the matter, on such notice to
the common carrier complained Of az tho court
shall deem reasonable; and such notice may
officers, agents, or servants, in such manner as
the court shall direct; and said court shall pro.
coed to hear and determine the matter speedily
as q court OF equity and without the formal
pleadings and proceedings applicable to ordi-
nary suits in equity, but in such manner % to
court shall have If thpk Gna saoa
prosecute in such mode and by such process as it,
may appoint all such inquiries the court may
think needful to enable it to form just Judgment
in the matter of such petition and on such hear.
ing the report of said commission shall beprima
facie evidence of the matters therein stated;
ana II 1t be made to appear to such court, on
such hearing or on report Of any such person or
persons. that the lawful order or requirement Of
said commission drawn in question has been
t,n1I 1or
court to issue writ Of injunction or other
proper process. mandatory or otherwise, to re-
strain such common carrier from further con-
tinuing such violation or disobedience of such
order or requirement of said commission, and
| enjoining obedienceto the same and in case OF
any disobedience Of any such writ OF injunction
| OF other proper process, mandatory or other
wise, 1t shall be lawful for such court to issue
| writs OF attachment, or any other process of
said Court incident or applicable to writs of in
! junction, or other proper process, mandatory or
otherwise, against such common carrier, and ii
! corporation. against one or more of the di-
rectors, officers or agents of the same, or against
any owner, lessee, Trustee, Receiver or other
person failing to obey such writ Of injunction or
ether proper process mandatory o. otherwise;
and said Court may, If it shall think ht, make an
order directing such common carrier or other
person 80 disobeyins such writ Of injunction
other proper process. mandatory or otherwise. to
| pay such sum Of money, not exceeding for each
| carrier or person in default the sum of $500 for
every day after day to be named in the order
that such carrier other person shall fail to obey
such injunction or other proper process, mandae
| tory or otherwise; and such moneys shall be
payable as the Court shall direct, either to the
ultimate decision Of the Court or into the Treas-
ury; and payment thereof may. without preju-
dice to any other mode of recovering the Same,
be enforced by attachment or order in the ma
ture of writ of execution, in like manner ns if
the same had been recovered by q final decree
in personam in such court, When the subject
more, either party by such proceeding before
said court may appeal to the Supreme Court of
now provided by law in respect Of security for
such appeal but such appeal shall not operate
to stay or supersede the order Of the court or
the execution Of any writ or process thereon,
and such court may in every such matter order
the payment of such costs and counsel fees
shall be deemed reasonable Whenever any
Commission it shall be the duty of the District
Attorney, under the direction Of the Attorney
General Of the United States, to prosecute the
same and the costs and expenses Of such prose-
cution shall be paid out of the appropriation tor
the expenses OF the courts Of the United States.
Fer the ct this act excepting its
| States shall be deemed to be always in session.
Sec. II. That the Commission may conduct
its proceedings in such manner as will best con-
duce to the proper dispatch Of business and to
| the ends of justice. A majority Of the Commits
sion shall constitute quorumfor the transac-
ton of business, but no Commissioner shall par-
| ticipate in any hearing or proceeding IN which
he has any pecuniary interest. Said Commits
sion may, from time to time mako or amend
Il
for the order and regulation of proceedings be-
fore it. including forms of notices and the SER
vice thereof. which shall conform. as nearly as
| may be. to those In use in the Courts of the
United States Any party may appear before
said Commission and BIS heard. in person or by
attorney. Every vote and official act Of the
| Commission shall be entered of record, and its
proceedings shall be public upon the request of
either party interested. Said Commission. shall
have an official seal, which shall be judicially
noticed Either Of the members of the Com
mission may administer oaths and afirmations.
Sec. 1s. That each Commissioner shall receive
manner as the salaries Of the Judges of the
courts OF the United States. The commission
shall appoint Secretary who shall receive an
ner The Commission shall have authority to
| employ and fix the compensation OF such other
employees as it may nd to the
| approval Of the Secretary of the Interior. The
Commission shall be furnished by the Secre.-
| tary Of the Interior with suitable offices and
| noned before the Commission shall be paid the
same fees and mileage that are paid witnesses
essary expenses for transportation incurred
| by the Commissioners. by their employees
in uny other places than in the city Of Wash
! ington, shall be allowed and paid, on the pres
entation of itemized vouchers therefor approved
| by the Chairman of the Commission and Sec
rotary OF the Interior.
Sec. 10. That the principal Office OF the Com
| mission euaI1 Do IN Ll0 Guy Oh w bSQldEtOu,
| whore its general sessions shall be held; but
whenever the convenience Of the public or of tho
! parties may be promoted or delay or expense
prevented thereby, the Commission may hold
| special sessions in any part Of the Unitcd
States. 1t may by one or more of the Commits
sioners. prosecute any inquiry necessary to its
| duties, in any part Of the United States. into
! any matter question Of fact pertaining to the
| business OF any common carrier subject to the
provisions OF this act
| Sec. 20 That tho Commission is hereby au-
thorized to require annual reports from all COM
| mon carriers subject to the provisions Of this
| act, to fix the time and prescribe the manner in
| which such reports shall be made, and to re-
| quire from such carriers specific answers to all
! questions upon which the Commission may
| need information. Such annual reports shall
! show in detail tho amount of capital stock is
sued tho amounts paid therefor. and tho man.
nor of payment for the same; the dividends
| paid, tho surplus fund, il any, and the number
Of stockholders; the funded and floating debts
and the interest paid thereon. the cost and
| value of the curriers' property. franchises and
| equipment; the number Of employees and the
salaries paid each; the amounts expended for
improvements each year, how expended, and
the character of such improvements the
earnings and receipts from each branch
of business, and from oil sources; the
operating and other expenses; the balances OF
profit and loss and complete exhibit OF the
financial operations of the carrier each year.